40-18-7
Section 40-18-7 Gain or loss - Determination of amount. (a) Computation of gain or loss. Except
as hereinafter provided in this section, the gain from the sale or other disposition of property
shall be the excess of the amount realized therefrom over the adjusted basis provided in subsection
(b) of Section 40-18-6, and the loss shall be the excess of such basis over the amount realized.
(b) Amount realized. The amount realized from the sale or other disposition of property shall
be the sum of any money received plus the fair and reasonable market value of the property,
other than money, received. (c) Recognition of gain or loss. In the case of a sale or exchange,
the extent to which the gain or loss as determined under this section shall be recognized
for the purposes of this title, shall be determined under the provisions of Section 40-18-8.
(d) Installment sales. Nothing in this section shall be construed to prevent, in the case
of property sold under contract providing for payment...
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40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
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40-18-6
obsolescence, amortization, and depletion, to the extent allowed, but not less than the amount
allowable under this chapter. (3) In the case of stock, to the extent not provided for in
the foregoing paragraphs, for the amount of distributions previously made which, under the
law applicable to the year in which the distribution was made, either were tax-free or were
applicable in reduction of basis. (4) Basis of property of individuals establishing Alabama
domicile. Property, both real and personal, owned on the date Alabama domicile is established
shall have the same basis for Alabama income tax purposes as its basis for federal income
tax purposes as of that date. (5) Allocation of basis. The basis of property acquired in an
applicable asset acquisition (as defined in 26 U.S.C. §1060) shall be determined in accordance
with 26 U.S.C. §1060. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §378; Acts 1985, No.
85-515, §6; Acts 1985, 2nd Ex. Sess., No. 85-940, p. 252, §4; Acts 1990,...
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19-3A-406
Section 19-3A-406 Bonds and other obligations. (a) An amount received as interest, whether
determined at a fixed, variable, or floating rate, on a bond or an obligation to pay money
to the fiduciary shall be allocated to income. (b) Except as provided for in subsection (c)
and subsection (d), a fiduciary shall allocate to principal any gain or loss realized upon
the sale or maturity of any bond or obligation to pay money to the fiduciary, regardless of
how such bond or other obligation was acquired. (c) A fiduciary shall allocate to income the
difference between inventory value or cost, and the amount realized upon sale or maturity,
if greater, for bonds or other obligations that do not bear interest, regardless of how or
when such bond or other obligation was acquired. (d) For bonds or other obligations that are
acquired by a fiduciary subsequent to the time the principal was established and whose cost
is greater than their par or maturity value, the fiduciary shall amortize...
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27-2A-3
Section 27-2A-3 Materiality; scope; information to be reported. (a) Materiality. No acquisitions
or dispositions of assets need be reported, pursuant to Section 27-2A-2, if the acquisitions
or dispositions are not material. For purposes of this section, a material acquisition (or
the aggregate of any series of related acquisitions during any 30-day period) or disposition
(or the aggregate of any series of related dispositions during any 30-day period) is one that
is nonrecurring and not in the ordinary course of business and involves more than five percent
of the reporting insurer's total admitted assets as reported in its most recent statutory
statement filed with the insurance department of the insurer's state of domicile. (b) Scope.
(1) Asset acquisitions subject to this chapter include every purchase, lease, exchange, merger,
consolidation, succession, or other acquisition, other than the construction or development
of real property, by or for the reporting insurer or the...
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40-18-14
Section 40-18-14 Adjusted gross income of individuals. The term "gross income" as
used herein: (1) Includes gains, profits and income derived from salaries, wages, or compensation
for personal services of whatever kind, or in whatever form paid, including the salaries,
income, fees, and other compensation of state, county, and municipal officers and employees,
or from professions, vocations, trades, business, commerce or sales, or dealings in property
whether real or personal, growing out of ownership or use of or interest in such property;
also from interest, royalties, rents, dividends, securities, or transactions of any business
carried on for gain or profit and the income derived from any source whatever, including any
income not exempted under this chapter and against which income there is no provision for
a tax. The term "gross income" as used herein also includes alimony and separate
maintenance payments to the extent they are includable in gross income for federal income
tax...
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40-18-15
provisions of 26 U.S.C. §§ 163, 264, and 265. (3) The following taxes paid or accrued within
the taxable year: a. Income taxes, Federal Insurance Contribution Act taxes, taxes on self-employment
income and estate and gift taxes imposed by authority of the United States or any possession
of the United States. b. State and local, and foreign, occupational license taxes, and contributions
to state unemployment funds. c. State and local, and foreign, real property taxes. d. State
and local personal property taxes. e. The generation-skipping transfer (GST) tax imposed
on income distributions by 26 U.S.C. § 2601. f. The taxes described in paragraphs c., d.,
and e. shall be deductible only to the extent that the taxes are deductible for federal income
tax purposes under 26 U.S.C. § 164 (relating to taxes). g. In addition, there shall be allowed
as a deduction, state and local, and foreign taxes, except income taxes, and taxes imposed
by authority of the United States or any possession...
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27-29-5
Section 27-29-5 Transactions of insurers with affiliates; adequacy of surplus; dividends and
other distributions. (a) Transactions within an insurance holding company system to which
an insurer subject to registration is a party shall be subject to all of the following standards:
(1) The terms shall be fair and reasonable. (2) Agreements for cost sharing services and management
shall include such provisions as required by rule and regulation issued by the commissioner.
(3) Charges or fees for services performed shall be reasonable. (4) Expenses incurred and
payment received shall be allocated to the insurer in conformity with customary insurance
accounting practices consistently applied. (5) The books, accounts, and records of each party
to all such transactions shall be so maintained as to clearly and accurately disclose the
nature and details of the transactions including such accounting information as is necessary
to support the reasonableness of the charges or fees to the...
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27-44-8
Section 27-44-8 Powers and duties of association. (a) If a member insurer is an impaired insurer,
the association may, in its discretion and subject to any conditions imposed by the association
that do not impair the contractual obligations of the impaired insurer, and that are approved
by the commissioner: (1) Guarantee or reinsure, or cause to be guaranteed, assumed, or reinsured,
any or all of the covered policies of the impaired insurers. (2) Provide such moneys, pledges,
notes, guarantees, or other means as are proper to effectuate subdivision (1), and assure
payment of the contractual obligations of the impaired insurer pending action under subdivision
(1). (b) If a member insurer is an insolvent insurer, the association shall, in its discretion
and subject to the approval of the commissioner, do either of the following: (1)a. Guarantee,
assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies
of the insolvent insurer. b. Assure payment of the...
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40-18-8
Section 40-18-8 Gain or loss - Recognition. (a) General rule. Except as provided in this section,
upon the sale or exchange of property, the entire amount of the gain or loss determined under
Section 40-18-7 shall be recognized. (b) Exchange of stock for stock of same corporation.
No gain or loss shall be recognized if common stock in a corporation is exchanged solely for
common stock in the same corporation, or if preferred stock in a corporation is exchanged
solely for preferred stock in the same corporation. (c) Like-kind exchanges. If an exchange
of property satisfies the requirements of 26 U.S.C. § 1031, relating to like-kind exchanges,
then the amount of gain or loss recognized in the exchange shall be determined in accordance
with 26 U.S.C. § 1031. (d) Involuntary conversions. If a taxpayer validly elects to determine
the amount of gain recognized for federal income tax purposes under 26 U.S.C. § 1033, relating
to involuntary conversions, the amount of gain recognized shall...
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